Raj Kumar Yadav @ Ram Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46497 of 2018 Arising Out of PS.Case No. -79 Year- 2014 Thana -BARIYARPUR District- MUNGER ======================================================

1. RAJ KUMAR YADAV @ RAM KUMAR YADAV Son of Ramji Yadav Resident of Village - Jhaua Bahiyar, P.S. - Bariyarpur, District - Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Bariyarpur P.S. Case No. 79/2014, instituted for the offences punishable under Sections 341, 324, 326, 342, 307, 147, 148 and 149 of the Indian Penal Code read with Section 27 of the Arms Act. Learned counsel for the petitioner has submitted that in the written report, there is specific allegation against co-accused Sadanand Yadav of causing firearm injury. There is no allegation of any specific overt act against this petitioner. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.46497 of 2018 (2) dt.24-08-2018 2/2 weeks from today, in connection with Bariyarpur P.S. Case No. 79/2014, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.) Rakhi U T